Kuwait Court of Cassation principle number 49

Summary: - Adjustment of maintenance by increase or reduction. From the date of the judgment to that effect. Article 77 of Law No. 51 of 1984 concerning Personal Status. - Children's maintenance is founded upon the parent-child relationship and is conditional upon need. If need ceases, maintenance lapses. The existence of a need to increase or reduce maintenance is for the judge to assess. Reason therefor. Effect: An increase operates only from the date of judgment. The challenged judgment's departure from this and its award of an increase from the date the action was filed constitute an error in applying the law requiring its cassation. Rule: The provision in paragraphs "a" and "c" of Article 77 of Law No. 51 of 1984 concerning Personal Status, "The increase or reduction shall be from the date of judgment," indicates, as stated in the explanatory memorandum to this provision, that the legislature expressly prescribed that adjustment by increase or reduction shall operate only from the date of judgment in the action. This is because it is established under Sharia that children's maintenance is founded upon the parent-child relationship and is conditional upon need; if the need is removed, maintenance generally lapses. The existence of a need to increase or reduce maintenance is a matter for the judge to assess, as he alone may balance the sources of income of the person liable for maintenance against the needs of the person entitled to it. If he finds that the needs of the person entitled to maintenance and the sources of income of the person liable for it have increased, he orders an increase. If he finds the contrary, he retains the maintenance imposed without increase. Accordingly, the increase operates only from the date of the judgment issued by the judge. Since the challenged judgment departed from this view by ordering an increase in the female respondents' maintenance from the date the action was filed, it violated the law and erred in applying it, requiring its partial cassation in this respect.